If, however, a man acts presumptuously toward his neighbor, so as to kill him craftily, you are to take him even from My altar, that he may die.
He who strikes his father or his mother shall surely be put to death.
He who kidnaps a man, whether he sells him or he is found in his possession, shall surely be put to death.
He who curses his father or his mother shall surely be put to death.
If men have a quarrel and one strikes the other with a stone or with his fist, and he does not die but remains in bed, if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall take care of him until he is completely healed.
If a man strikes his male or female slave with a rod and he dies at his hand, he shall be punished. If, however, he survives a day or two, no vengeance shall be taken; for he is his property.
If men struggle with each other and strike a woman with child so that she gives birth prematurely, yet there is no injury, he shall surely be fined as the woman's husband may demand of him, and he shall pay as the judges decide. But if there is any further injury, then you shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.
If a man strikes the eye of his male or female slave, and destroys it, he shall let him go free on account of his eye. And if he knocks out a tooth of his male or female slave, he shall let him go free on account of his tooth. (Exodus 21:12-27 NASB)
This set of
laws or judgments deviates from what precedes it only in structure. A very typical structure used here to
differentiate where laws break is to use the word “For” or a participle to
begin a new circumstance, and then “if” to begin corollaries. In addition, there have been paragraph marks
added to the Hebrew text to show where it was thought a paragraph ended. It doesn’t always line out easily, so I have
followed the grammatical structure over the paragraph marks where they
differed.
One element that sets these laws apart from the typical laws of that day is the absence of class structures to differentiate people, and the inclusion of slaves. It’s different because slaves aren’t even included in personal injury laws of cultures surrounding the Hebrews, and class distinctions were. Here slaves are included; they can be freed or avenged in certain circumstances. Regardless of wealth or social standing, anyone killing another is subject to some sort of punishment whether death or banishment (fleeing to a city of refuge). This is a huge cultural deviation in that social setting.
I believe
that God is taking advantage of the teachable moment of His people having just
left slavery in a very class-conscious culture.
They would have been excluded from any benefits under the law, and they
would have witnessed the legal protection of the wealthy and powerful over the
poorer craftsmen and tradesmen. It was
not to be this way among and between them.
These protected abuses were not to be characteristic of their society
and culture. While social and economic
status may have differentiated people, the law did not. All were protected even, to a lesser extent,
slaves.
Here the
Creator of all life takes an opportunity to strike a blow for the elevation of
humanity, in all levels of society.
Cultural traditions had been removed through centuries of slavery, so He
could instate ones that reflected His perspectives and priorities. This set of laws is one way the Chosen People
could display the holiness of the One who chose them. They would be different and stand out among
cultures, societies, and economies around them.
Or, at least they should have.
The record of the judges and kings does not record how often these rules
were ignored or deviated from.
In so many
other ways the Hebrews deviated from following their Divine King to follow the
nations around them. There are accounts
after accounts of how they followed foreign gods, chased foreign political
structures, and sought the friendship and trade with them. I suspect they did so with their legal
processes as well. It is one thing to
have a law written, and another to practice it.
The kings did not follow the laws for kings, but behaved as the kings
around them. It would follow the people
would practice the laws of surrounding cultures as well, or at least a mixture
that suited them at the moment.
In this day,
with those who claim the name of Jesus as their Master, the difference between
what is written and what is lived is often dramatic. Yet, we have here in the Hebrew Scriptures
what I believe serves well as an indicator of how our Master would have us
treat others. There are not to be
“class” or “economic” distinctions in our treatment of others. James says as much in his letter (James 2:1-9). It is difficult though. There are expectations that the wealthy give
more, and often they give less.
Assumptions that worldly distinctions will be the means to provide for a
church are dangerous.
What I see here is in line with James, Paul, and others who wrote to correct the reliance upon worldly class distinctions in churches. The reality is that God provides from means only He sees. All should give, and give without reservation. All people stand before Him on level ground, and none of it is very high. The real distinction between people before God is that some know Him and Jesus Christ whom He has sent (John 17:3), and some don’t. So, some are alive, and some are not. In our eyes, as in the eyes of our Father, that should be the only distinction as well, whether they wear loin cloths or 3-button suits.
